Frequently Asked Questions

Juvenile Dependency Court is concerned with making sure children who are or who have been in immediate danger of abuse, neglect, injury, or abandonment are safe and protected. The goal of the court is to preserve families and to provide for both the physical and emotional wellbeing of children.

The Juvenile Dependency Court aims to place children in safe environments and to identify problems that can lead to the removal of children from their homes. Children who cannot be in their homes are placed with relatives or families and when it is impossible for a child to be returned to their home, the court aims to place a child in a permanent home or long-term foster care.

There are a multiple of hearings that take place during a Dependency Case. These hearings are designed to determine if a child can be safely returned home to the parent(s) or, if that is not possible, determine the best permanent placement for the child. The type of hearings necessary and the timing of those hearings are affected by the child’s custody status, that is, whether they are at home under supervision or if they have been removed from their home. A dependency case may also be dismissed at any time if the Court finds that the child is no longer at risk and the problems which brought the family to court have been resolved.

Hearing Types (listed in order of occurrence)

Initial – There are two potential types of Initial Hearing, depending on if the child was removed from the home. In both, the court reviews the allegations, sets the next hearing date, and if needed, appoints attorneys.

• Detention Hearing – If the child was removed from the home, this hearing must take place within 24 hours of the petition filing.
• Arraignment Hearing – If the child was not removed from the home, this can take place up to 15 days of the petition filing

Jurisdiction – The timing of this hearing depends on if the child was removed from the home or not. If the child was removed from the home, this hearing must take place withing 15 days of the Detention hearing. Otherwise, it may occur within 30 days. At the Jurisdiction Hearing, the Court determines if the abuse and neglect allegations are true and if there is legal authority for the court to hear the case.

Disposition – The timing of this hearing depends on if the child was removed from the home or not. If the child was detained, this hearing must occur within 10 days of the Jurisdictional Hearing. If the child is not in custody, it may take place within 30 days of Jurisdictional hearing. At a Disposition Hearing, the court decides the child’s placement, that is, whether the child remains at home or is removed from home. Regardless of the child’s placement, the Court can issue orders to provide family services.

6 Month Review – This is a hearing to review the family’s progress. Until Jurisdiction is terminated, any case under the jurisdiction of the Court must be reviewed by the Court ever six months at minimum. At this first review hearing, the Court decides if the child remains home under supervision or, if the child is in an-out-of-home placement, if they can be returned home.

12 Month Review– A second review hearing of the family’s progress. The Court decides if the child remains home under supervision or. if the child is in an-out-of-home placement, if they can be returned home. The Court can also decide whether to continue with family reunification efforts or not.

18 Month Review – The third hearing to review the family’s progress. If the child was placed at home under supervision, the Court decides is the child should remain where they are. However, if the child is in an out-of-home placement, this is the last hearing where the Court can decide if the child can be returned home safely.

Permanency Planning– Must be held within 120 days after family reunification services have been terminated. The Court decides whether adoption or legal guardianship is an appropriate permanent placement for the child.

Post Permanency Review– The Court is updated on the child’s progress until the child is assigned a legal guardian, is adopted, or otherwise leaves the system. When any of these three occur, the dependency case is dismissed.

There are five (5) different types of adoption petitions. Adoption petitions can be either contested or uncontested.

•  Adult Adoption – An adult may be adopted by another adult, including stepparents.
• Agency Adoption – DCFS or a licensed adoption agency is a party to or joins in the adoption petition for a child. Agency Adoptions do not include international adoptions.
• Independent Adoption – This is when the custody is transferred directly between parents and not though an agency. The birth parents select the adoptive parents and place the child with them directly.
• International Adoption – This is when child born outside of the United States is adopted by adults living withing the United States. In this instance, the adoption procedure is conducted by a private agency.
• Stepparent Adoption – A stepparent or domestic partner petitions the court for adoption of the child of their spouse or domestic partner.

No matter the type of adoption petition, all filing requirements must first be met in order to set a hearing. All types of adoption require an Adoption Agreement form of some kind; however, the other forms and requirements depend on the type of adoption.

At the end of the adoption, the parents’ rights are permanently terminated, and the adoptive parents have all the same rights and legal relationship with the child as a birth family would.

Probate Guardianship is when a child is living with an adult who is not a parent of the child and that adult needs a court order to make decisions on behalf of the child. This does not include if custody of the child was awarded to a non-parent through the Juvenile Dependency court.

There are two types of probate guardianship: Guardianship of the Person and Guardianship of the Estate.

In Guardianship of the Person, the guardian has the same responsibilities as a parent would to care for the child. The guardian has full legal and physical custody and can make all decisions about the physical care of the child that a parent would make. A guardian doesn’t just have to be a relative, they can also be a family friend or another person who is suitable to raise the child. These guardians are needed when a child’s parent is unable to care for them, such as when the parent has a serious physical or mental illness, has addiction problems, are in the military and must go overseas, etc.

Guardian of the person has multiple rights and responsibilities including:

1. Responsible for the child’s food, clothing, and shelter. This includes deciding where the child lives, notifying the court if you move, and gaining the court’s permission if you should choose to move out of California. As guardian, you may not let the child live with anyone else, including a parent, without court approval.
2. Responsible for the child’s physical safety.
3. Responsible for the child’s emotional wellbeing, including providing counseling or other mental health services for the child if he or she needs them.
4. Responsible for the child’s medical and dental care.
5. Responsible for the child’s education and any special needs. This includes providing special services or tutoring for the child if he or she needs them. The guardian may also decide where the child goes to school.
6. Responsible for providing a yearly status report to the court and for meeting the court’s standards. This including coming to court when instructed and meeting and social workers or investigators sent by the court.
7. Responsible for supervision of the child. This includes being held responsible for any harm or intentional damages caused by the child, like graffiti.
8. The guardian had the right to either grant or deny the child permission to apply for a driver’s license. If you chose to allow the child to apply for a driver’s license, as guardian you are also responsible for providing car insurance and if the child has an accident while driving your car, you may be liable for any damages.
9. The guardian may grant or deny the child permission to enlist in the military. Keep in mind that the guardianship will end if the child enters active duty.
10. The guardian may grant or deny the child permission to get married. Keep in mind that the guardianship will end if the child gets married. The Court must also grant permission for the minor to marry.
11. The parents are still obligated to support their child financially, so the guardian may request child support. They may also seek other resources, such as TANF, VA benefits, or other public or private funds.

A Guardianship of the Estate is established in order to manage a child’s income, money or other property owned by the child until the child turns 18 and is considered an adult. This type of guardianship is needed when a child owns or receives valuable property, such as inheriting a house or large sum of money. It is not needed when a child only owns inexpensive toys and clothes or if the child receives social security benefits or TANF/CalWorks. The guardian must keep accurate financial records and regularly update the court. Once the child turns 18, the guardian must provide the court and the child with a final report and accounting. Generally, a surviving parent is appointed by the court. The Guardian of the Estate can be the same or different person who is the Guardian of the Person.

Temporary Guardianship – Sometimes there is an emergency and guardianship must be established quickly. For example, if a child needs immediate medical treatment or the child needs to be enrolled in school, or if the child’s parents are dead, absent, incarcerated, etc. In order to successfully petition the court, good cause must be shown. General guardianship must be filed for at the same time as temporary guardianship, as temporary guardianship is an emergency order and ends as soon as the court appoints a general guardian.

While Guardianship and Adoption may seem similar on the surface, they differ in several key ways:

• Parental Rights –In an adoption the parents’ rights are permanently terminated. In a guardianship, the parents still have parental rights and can ask for reasonable contact with the child.
• Court Supervision –Adoptive families are not supervised by the court while guardians can be supervised by the court. Guardians must complete and submit yearly status report to the court.
• Permanence - In an adoption, the legal relationship between child and adoptive parents is permanent and the adoptive parents has the exact same legal relationship with the child as a birth family would. A guardianship is not permanent. There are multiple ways to end a guardianship, including the court ending the guardianship if the parents become able to take care of the child again.
• Inheritance - Adopted children inherit from their adopted parents, just as a birth child would. This does not apply to children in a guardianship.

Beginning a Guardianship:

The first step in becoming a guardian is to complete all required forms and file them with the clerk.

Next, all the child’s relatives, including parents, grandparents, siblings and half siblings, along with county human services or social services must be given notice. The requirements for how to serve notice depends on the relationship of the person being served to the child. If a relative is unable to be found, then a Request to Dispense with Notice must be filed for Court approval so that the case may proceed without giving notice to the missing relative. Anyone who consents to the petitioner becoming guardian and who does not want to receive notice of the court date must sign the Consent to Appointment of Guardian and Waiver of Notice, otherwise they must receive notice.

The Court may then order an investigation. Part of the court investigator’s responsibility is to determine if the child should stay with their parent(s) or if there is a valid need for guardianship. They will also determine if the case should stay with the court or be referred to another agency.

During the home study and investigation, the investigator will visit the home where the child will live and complete a background check on any and all adults living in the home, to screen for a record of neglect, abuse, and/or a criminal record. They will look at the child’s medical and school records, along with any other documents about the child. Depending on the age of the child, the child may or may not be interviewed. The child’s parents may also be interviewed. The court investigator’s report will contain recommendations about the case, any concerns the investigator may have about the guardianship, and any other recommendations the investigator thinks would help, such as an evaluation, mediation, or emergency screening.

At trial, the court will either grant the petition for guardianship or find that there is insufficient ground to establish a guardianship. Keep in mind that guardianship will only be granted if neither parent objects to the guardianship and/or if the guardianship will be best for the child as staying with one of or both parents will be harmful or detrimental to the child.

End of Guardianship:

Guardianship ends automatically when either the child turns 18, the child dies prior to turning 18, or the child marries, enters the military, is adopted, or is otherwise declared an adult by the Court. A parent, the child, if they are over the age of 12, or the guardian themselves may also request that the court end the guardianship.

If the guardian, a parent, or the child petitions to terminate the guardianship, there must be a court hearing to show that ending the guardianship is in the best interest of the child or that it is no longer necessary. If the child is over the age of 12, then the judge may take the child’s wants and where they want to live under consideration. Finally, if the parent wants the child to live with them again, then the judge will need proof that the parent can provide a good home, that they have a stable place to live and source of income, and that they have been sufficiently rehabilitated or are “fit” to parent.